stopping all development and relocations and demolitions if we are in this land where somebody is challenging the rental agreement until the matter is worked out. it is unlikely that a court will determine that the protections and the remedies should be eliminated. the developer still has the right to pursue under this agreement. >> thank you. >> thank you. >> thank you, mr. president. i just wanted to thank the city for the clarification. i do want to thank all of the folks that have been involved. it is not an easy topic. a lot of people have very strong positions on it. in terms of rent control units, from everything i have heard whether it is the development

agreement or the additional amendments proposed by supervisor chiu, and all speaks to a desired and concerted effort from the city's side and developer'aside to maintain those units. we have heard that throughout this project -- this process. i am very appreciative of the provisions that were added in there. the other things that were mentioned in passing, but i do want to publicize that i am appreciative of is the staging proposed by supervisor chiu that really was not something that was drawn out. this was for as long as possible to allow 15-20 years to allow people to stay in those units. this may not be something that people think is important. people talk about the importance

of their garden and what that space has meant to them. this is a very significant improvement. we will be maintaining those units as long as possible. it is a big change from the first time we heard it to this meeting. i know we still have to go through the environmental impact assessment before we go through the development agreements and other documents. one of the things that this most attractive to the other projects is the ability for us to master plan on this project. this is cognizant of where we are going in terms of transportation and how the community can be structured. one of the biggest things i see in my district is the impact of these big corridors. in all indications, we are only going to see that number grote,

even without the development of this project. this allows the city to go forward and not only for the city to make big investments in the infrastructure on the western side of the city, but make sure that the developer also puts money into making some of those changes possible. part of that is land acquisition agreements. this is a really big point to make. we may not be thinking about it now. can you imagine 15, 20, 30 years from now if we were ever able to build an extension, what that would mean for the west side of the city and san francisco. this is a part that is very attractive and compelling to me. i know that we are going to be voting on the possibility of a continuance. i know we will be voting on the amendments. i would keep some of these items in mind as we go forward.

>> colleagues, if there is no further discussion, we can entertain a motion between three and five, supervisor elsbernd. supervisor elsbernd: i will move to item three and table items four and five. >> on the motion to move to item three f table four and five. supervisor avalos: no. president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: no. supervisor mar: aye. supervisor mirkarimi: no. >> there are 6 ayes and 5 nos.

>> me motion succeeds. we will return to the items. items number 25-28. roll-call. >> on item 25-28. supervisor wiener: aye. supervisor avalos: no. supervisor campos: no. president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: no. supervisor mar: no. supervisor mirkarimi: no. >> there are 6 ayes and 5 no's.

madame clerk, could you please call item six-eight? >> that is affirming the planning department's project that the at&t lightspeed project is exempt from environmental review. item seven is reversing the and marmot to review. item eight is the direction of the appropriation of funding. supervisor wiener: mr. president, i move to delay consideration of item 6, 7, and 8 until we consider 21 and 22,

in other words, a short delay in consideration of the appeal. i want this to occur after the ceqa hearing. >> any objections about hearing the at&t items after the 4:00 appeal? why do we not hear item 9? >> going to the budget committee without recommendation. this is adding a new section to add a payroll expense for the proportion of an eligible person's payroll expense that is eligible for stock-based compensation. >> any discussion? roll-call vote. supervisor wiener: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: no.

supervisor cohen: aye. supervisor elsbernd: no. supervisor farrell: no. supervisor kim:aye. supervisor mar: aye. supervisor mirkarimi: aye. >> there are 8 ayes and 3 no's. >> the ordinance is passed. >> taking money from the public lies -- public library preservation fund for the litigation expenses in fiscal year 2010-11. >> roll call vote. supervisor wiener: ayue. supervisor avalos: aye. supervisor campos: aye.

president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. >> there are 11 ayes. >> this ordinance passes. >> this is amending the environmental code on how to say is fully get rid of the unused portion. >> this ordinance is finally passed. item 12. >> amending the government to conduct code to allow the former mayor to have a full-time city employment within one year after leaving office. >> this item is finally passed. >> item 13 has surplus revenues

to support shortfalls in the department of health in the amount of approximately $25.9 million. this ordinance is passed on the first reading. >> item 14, the resolution approving the lease agreement of the san francisco international airport. >> this resolution is adopted. >> item 15, the resolution approving the amendment won for the food and beverage of these for the city. >> this resolution is adopted. >> item 16 is a resolution approving an agreement with the nonprofit owners associated with the profit based district known as the ocean avenue commercial benefits district. this resolution is adopted.

>> the ordinance amending the general plan by adopting the 2009 housing element and the priority policies of the planning code. president chiu: ladies and gentlemen, if you could please leave the chamber if you would like to carry on a conversation. if you could keep the doors closed, that would be helpful. thank you very much. >> with respect to item 17, the housing element, as indicated, i strongly support the housing element. i am going to move to continue item 17 for 3 weeks until june 14 to allow for some additional conversations to occur. that should not be interpreted

as a lack of support on my part. >> the supervisor winner has made a motion to continue. this item will be continued until three weeks from today and that is june 14. without objection, that shall be the case. >> item 18 is the improvement of a sale between the municipal transportation agency and the avalon ocean avenue and the bus loop. president chiu: this resolution is adopted. why do we not skip over to 3:30 resolution. >> item 23 was considered by the public safety committee on may 19. it was recommended on the committee report. president chiu: supervisor mirkarimi. supervisor mirkarimi: colleagues, i would like to bring up somebody from the

department of emergency management to speak to this item. it was waived on 30 days that we entertain this at the public safety committee at the urgency of the head of department emergency management. we had a very comprehensive hearing. there have been some concerns by constituents regarding the case. i wanted to make sure that we continue to be thorough so i asked the department of emergency management to address that concern. so that we stay on schedule considering the sensitivity of the timing as to why this came before our committee and before us for a vote. >> supervisor mirkarimi, i am sure with the department of emergency management art director is on her way over.

we started moving a little bit quicker than we realize. i am happy to give you a quick overview and tell you a little bit about the project. we have had specific questions. there was a little bit of an issue early on with this particular project. there was a difference of opinion between san francisco and some of the east bay and other counties in the region. those stories have been resolved for quite some time now. all of the counties and cities in the region are now on board with this particular public safety initiative. i do know that the santa clara county, there board of supervisors passed this earlier

today. i believe san jose has it on the agenda for later in the month. it is a project that i think has no downside. it will be of tremendous value to the public safety officials in this region. particularly in the event of a disaster or emergency. it is very important that we have these communications. we have the ability to communicate. the fire department in san francisco with the fire departments in the south bay and the east bay. it is critical information that needs to be transmitted. this will be the first steop to creating an interruptible -- interoperable regional broadband

network. this is to get us off the ground. once this is established, we can move on to develop the product on a regional basis. >> mr. president, could you be more specific with what the concern was? >> the concern was that there were issues -- there were questions about motorola's selection of projects sponsored. under the federal grant that it received. those questions have been answered. those questions have been reviewed by the state. they have been reviewed by the department of commerce. there was an investigation by the office of inspector general with the federal parliament. everything has been found to be

acceptable and above board. with all of the standards under the grant agreement and the procurement processes that would be required to select motorola. there really are not any outstanding issues that are still apparent. they have all been cleared up. >> i just wanted to make sure that we tie this up. there was concern articulated, concern about an investigation of the office. they knew that $6.2 million in federal funds was supposed to be received by dem. they were moved to a regional government body.

>> the money was resolved regionally. they were revived -- a resolve to the satisfaction of santa clara county. i cannot speak to the details of this. that was not directly related to the federal stimulus plan. i cannot really speak to the details of of that except to note that we have been in contact with the officials in santa clara county. this issue has been resolved to the best of their satisfaction. >> can we take this item? without objection, this item is adopted. >> item 24 was considered by the rules committee on thursday, may 19 and was recommended as a

committee report. this amended the campaign and government to conduct code to include the redistricting task force. supervisor kim: for the sake of letting the public know, i want to let the public know that applications are now open for the redistricting task force. we really encourage as many san francisco residents to apply to a very important task force. >> before we proceed, i understand that we may need to divide a file. we could explain the procedure on that. >> the deputy city attorney. most ordinances are a -- are subject to a 30-day referendum period. this ordinance does two things. it creates the redistricting task force, which is required by charter and is an administrative action.

it also places people in the task force under air conflict of interest code. that would be an action that is subject to referendum. given that we understand that there is a desire to get the task force convened quickly and up and running and doing its work, it seems imprudent to have that piece of it tied to legislation. what we are suggesting is to divide the file. i have done that for you already. we have copies of it. we could divide the file and create to get be of different ordinances. one would reconvene the districting taskforce and one would designate the members of the task force under the conflict of interest code. convening the task force would not be subject to referendum.

then the task force could be up and running and conducting its business without delay. >> our city attorney has proposed that we divide the file. in motion by supervisor mirkarimi. sentiment by avalos. s --econded by avalos. with regards to the separate file, that would amend the city's conflict of interest code. that should be the case as well. why do we not now move to roll call? one special commendation that i will offer. if we could move to roll call. >> you are first on a roll call for introductions. supervisor wiener: thank you. i am calling for a hearing

related to the epw order issuing the excavation permits on public rights of way. i think we have all gone through the last number of months with ceqa and the at&t boxes. even though we have a better street plan, even though we have an order dealing with this, we put utility boxes and other items on our sidewalk. we do not really have a really great coordination among our city departments. protector late, ordinations that dovetail with these items with our better streets plan. i am requesting that the department of public works, the mta and the planning department

come talk about what kind of system we have in place. this is in terms of making sure we are maintaining our streetscaping and public rights of way and whether legislation is appropriate to achieve that goal. >> thank you. supervisor farrell: thank you, madam clark. just one in memoriam today. she passed away on the age of 94. she was born on april 8, 2004. she was married to james flood in 1938 at the mansion. she and mr. flodod owned a ranch where she was an accomplished

equestrian. she volunteered for several organizations. she served at a dining room. she volunteered for the salvation army during the holidays and for the red cross during world war ii. she spent time is visiting friends throughout europe. during the conference at san francisco, she and her husband hosted several foreign dignitaries during the event. she had a confident style, renowned beauty, and a sense of humor. she is survived by 22 grandchildren. she will be loved by all those who adored her. >> supervisor carmen chu. supervisor chu: two items from me. one is the inquiry to the public parks to discuss their long-term plans c for theamp.

many of our district and city camp residents go and frequent this. we are looking for the needs at the facility, five years' worth of data on the facilities including the discussion of the department's plan to meet the capital needs of that facility. the second item is a hearing request. many of my other colleagues have seen this as well. many of the other ones in my district have seen about services in recent weeks and months. this will look at performance data for the months of february and april. this is the on-time performance and a number of switchbacks. and the steps taken to address these performance issues.

>> supervisor mirkarimi. supervisor campos. supervisor campos: i have a couple of items. the first is the city's progress on augmenting recommendations by the city comptroller. as we are conducting hearings on audits that have been performed, that we also take the time a few months down the road after the hearings have been completed to follow up to make sure that the recommendations have been completed and that will ensure that we make the most of every audit that has been conducted. this is a hearing on the standards and malls and ethics rules to govern the war down by regulators at the department of public health.

when it comes to the review that may have environmental health impacts. it is important for us to have a better understanding of the rules that govern the performance of these regulators and asked that these matters be heard of the government audit and oversight committee. >> supervised mar. supervisor mar: i have a sad news. a close friend of mine passed away. his family is from the richmond district. i ask that we closed the meeting in his honor. he was born in hong kong in 1964. he emigrated when he was four years old. he was 56 when he passed away. he attended st. mary's elementary school and uc- berkeley. he was the oldest child in his family.

they often relied on him for translating for his parents, who did not speak english, as well as introducing them at his siblings to american culture. i attended the funeral on sunday in the richmond district. i had that mr. yen when he was at the uc-berkeley. we work together have the pacific islander organization. and the california progressive student alliance on many different campaigns in the 1980's. we studied computer technologies at uc-berkeley or he received an award for outstanding achievements. he was an it support specialist. he also worked for the san francisco unified school district as well. when he was 10 years old, dave became disabled by severe

rheumatoid arthritis. he nevertheless remained a strong person. i enjoyed spending time with him at the civic center plaza. he was a great lover of all kinds of food, especially san francisco food. you live life to the fullest and never let his disability defeat him or get in his way. he has been a devoted san francisco giants fan. he left as way too early at the age of 46. i would like to express my condolences to the yen family and many close acquaintances that he has built up over the years. it is a tremendous loss and i am really sad. he was a great friend and on spiring brother and extraordinary son and great person. david's friends and family will